The Delhi High Court issued a restraining order against the Lokpal of India, halting any actions until May 10 regarding a CBI report investigating two properties allegedly linked to Jharkhand Mukti Morcha (JMM) party president Shibu Soren.
NEW DELHI: Today (April 23): The Delhi High Court issued a restraining order against the Lokpal of India, preventing any actions until May 10, after the submission of a CBI report investigating two properties associated with Jharkhand Mukti Morcha (JMM) party president Shibu Soren.
Justice Subramonium Prasad issued a notice to BJP MP Nishikant Dubey, who had filed the complaint before the Lokpal, in response to a petition filed by the JMM challenging the ombudsman’s March 4 order directing the CBI to probe the two properties owned by the ruling party in Jharkhand.
The High court instructed that no further steps be taken by the Lokpal until the next date of hearing, but has allowed the CBI to provide its report in a sealed envelope to the Lokpal.
The legal representatives for the JMM, senior advocates Kapil Sibal and Arunabh Chowdhury, argued that the two properties are owned by the political party and not by Shibu Soren personally.
They contended that the Lokpal’s March 4 order exceeded the jurisdiction of the Lokpal of India under the Lokpal and Lokayuktas Act. They further asserted that the inquiry can only be initiated against an individual, not a political party. Additionally, since the CBI has already concluded in a previous report that the properties belong to the JMM, the JMM’s legal team argued that Lokpal’s order goes beyond the scope of the Act.
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The Lokpal, acting on the complaint filed by Nishikant Dubey, a BJP MP representing Jharkhand’s Godda constituency in the Lok Sabha, directed the CBI to investigate the alleged benami properties linked to JMM chief Shibu Soren within a period of six months.
Lokpal also directed the CBI to probe the two properties belonging to the JMM. In response, the JMM filed a petition in the high court, claiming that Lokpal’s order was legally flawed and lacked jurisdiction. The petition argued that the order was passed without notice to the JMM and without granting the party an opportunity to be heard.
According to Dubey’s complaint to the Lokpal, Shibu Soren and his family members were involved in widespread corruption and had amassed significant wealth that was disproportionate to their known and declared sources of income. The complaint further alleged that Soren had acquired assets in his own name as well as in the names of his family members, friends, associates, and companies in various districts of Jharkhand. Lokpal has also instructed the CBI to provide monthly reports on the progress of the investigation.
The Lokpal stated that the two properties in question are registered in the name of the JMM, a political party founded by Shibu Soren, who is a Rajya Sabha MP. The properties were allegedly purchased through Soren in 2014.
“The JMM is effectively governed and managed by the respondent public servant, Shibu Soren, and his family members, who hold significant political influence,” stated the Lokpal.
“The party seems to function primarily as a family enterprise, with Shibu Soren and numerous family members occupying key political positions. As the president of the JMM, Shibu Soren is actively involved in its decision-making and transactions,” Lokpal noted.
“Considering the evidence presented and without implicating the JMM as a political entity, which is beyond our purview, we believe that the involvement of Shibu Soren in the acquisition of these two properties under the name of JMM warrants investigation,” the Lokpal emphasized in its March 4 ruling.
The Lokpal emphasized the need to investigate the role of Shibu Soren in the acquisition of these properties, considering the nature of the allegations and the number of properties identified in the preliminary inquiry report.
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The Delhi High Court, while ensuring the fair treatment of the JMM as a political party, acknowledged the importance of thoroughly investigating the sources of funds utilized in the purchase of the properties.
